A Regular
Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday,
March 13, 2006, at 8:00 P.M. in the
The Mayor called the meeting to order.
On roll call, the following Council Members responded: Fiorito, Mahler, O’Connell, Pasquariello, Theoharous. Councilman Pettet was absent. The Mayor declared a quorum. The Borough Attorney Anthony Fiorello and the Borough Engineer Michael Cristaldi were present.
The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 4, 2006, and a notice thereof has been posted on January 4, 2006 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.
MINUTES:
Regular Meeting of February 13, 2006.
On entertainment of the Mayor, Councilmen Mahler and O’Connell moved a motion to approve the aforementioned Minutes.
On roll call, all voted yes, except Councilmen Pasquariello who abstained and the Mayor declared the motion carried.
Assemblyman Kevin O’Toole presented Thomas Carroll a Plaque for Manager of the Year Award for 2005.
PRESENTATIONS:
Appointment of Police Officer – Resolution #55-0-06:
On entertainment of the Mayor, Councilmen Theoharous and Fiorito moved that,
BE IT RESOLVED that Brian Bellifemine be and he is hereby appointed as a Police Officer effective March 20, 2006 in accordance with the New Jersey Department of Personnel Certification Number OL060341 dated February 16, 2006, at the academy pay step of $31,003.
On roll call, all voted yes, and the Mayor declared the motion carried.
Appointment of Police Officer – Resolution #62-0-06:
On entertainment of the Mayor, Councilmen Fiorito and Pasquariello moved that,
BE IT RESOLVED that John Galinus be and he is hereby appointed as a Police Officer effective March 20, 2006 in accordance with the New Jersey Department of Personnel Certification Number OL060341 dated February 16, 2006, at the academy pay step of $31,003.
On roll call, all voted yes, and the Mayor declared the motion carried.
Promotion of Sergeant Kenneth Fackina to Lieutenant:
On entertainment of the Mayor, Councilmen Mahler and Fiorito moved that,
BE IT RESOLVED that Kenneth Fackina be and is hereby promoted to the permanent rank of Police Lieutenant, effective March 13, 2006 in accordance with New Jersey Department of Personnel regulations, at an annual salary of $90,582.
On roll call, all voted yes, and the Mayor declared the motion carried.
APPROVE TEMPORARY CAPITAL BUDGET:
Resolution #57-0-06:
On entertainment of the Mayor, Councilmen Mahler and Theoharous moved that,
WHEREAS, the Borough of Wanaque desires to constitute the 2006 Temporary Capital Budget of said Municipality by inserting therein the following project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Wanaque as follows:
SECTION 1. The 2006 Temporary Capital Budget of the Borough of Wanaque is hereby constituted by the adoption of the schedule to read as follows:
Temporary Capital Budget of the
Borough of Wanaque
Projects Scheduled for 2006
Method of Financing
Capital
Est. Budget Imp. Capital
Project Costs Grants Appr. Fund Fund Surplus Bonds
Improvements to $360,000 $36,000 $324,000
Various Roads
$360,000 $36,000 $324,000
SECTION 2. The Clerk be and is authorized and directed to file a certified copy of this Resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for 2006 Temporary Capital Budget, to be included in the 2005 Permanent Capital Budget as adopted.
ABSENT: Councilman Pettet
ROLL CALL: Councilman Fiorito, Councilman Mahler, Councilman O’Connell, Councilman
Pasquariello, Councilman Theoharous
ORDINANCES:
Public Hearing of Ord. #5-0-06:
Re:
On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved a motion that Ordinance #5-0-06 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The
Clerk took from the table and read by title only as follows: AN ORDINANCE AUTHORIZING THE SALE OF BOROUGH
OWNED PROPERTY AT BLOCK 430, LOTS 12 AND 13, IN THE AMOUNT OF $600,000 TO BALD
EAGLE SUITES, INC., PURSUANT TO A REDEVELOPMENT ORDINANCE.
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.
The Mayor opened the Public Hearing.
Sandy Lawson, 28 Haskell Avenue, Haskell spoke about Boris’ and the other parking lots – how much did we pay for the parking lot?
The Borough Administrator said seventy five thousand dollars.
Sandy Lawson asked what was the total to demolish it?
The Borough Administrator said one hundred fifty thousand dollars.
Sandy Lawson spoke about the bonding and asked if it will remain a parking area?
The Borough Administrator said bonding is eighty thousand and it will be part of the new development area.
Sandy Lawson asked if there will be parking spots by the traffic light and a crosswalk?
The Borough Administrator explained the proposed development.
Grace
Maiello,
The
Borough Administrator said it may have a short term effect. The businesses will have to work out
something with the new owner of the property.
Anything south of
The Mayor closed the Public Hearing.
Councilmen Pasquariello and O’Connell moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AUTHORIZING THE SALE OF BOROUGH OWNED PROPERTY AT BLOCK 430, LOTS 12 AND 13, IN THE AMOUNT OF $600,000 TO BALD EAGLE SUITES, INC., PURSUANT TO A REDEVELOPMENT ORDINANCE pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.
On roll call, all voted yes, and the Mayor declared the motion carried.
Public Hearing of Ord. #6-0-06:
Re:
Appropriate $95,000 from the Capital Surplus for the
On entertainment of the Mayor, Councilmen O’Connell and Mahler moved a motion that Ordinance #6-0-06 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The
Clerk took from the table and read by title only as follows: AN ORDINANCE APPROPRIATING $95,000 FROM THE
CAPITAL SURPLUS FOR BERGEN AVENUE IMPROVEMENT BY THE BOROUGH OF WANAQUE, IN THE
COUNTY OF PASSAIC, NEW JERSEY.
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.
The Mayor opened the Public Hearing.
No one came forward.
The Mayor closed the Public Hearing.
Councilmen O’Connell and Fiorito moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $95,000 FROM THE CAPITAL SURPLUS FOR BERGEN AVENUE IMPROVEMENT BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.
On roll call, all voted yes, and the Mayor declared the motion carried.
Introduction of Ord. #7-0-06:
Re:
Amend Chapter 108, Parking –
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that Ordinance #7-0-06 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The
Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH
OF WANAQUE, CHAPTER 108, ENTITLED “VEHICLES AND TRAFFIC”, TO AMEND SECTION
108-6.2B, MUNICIPAL PARKING AREAS.
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,
BE IT
RESOLVED that an Ordinance entitled: AN
ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, ENTITLED
“VEHICLES AND TRAFFIC”, TO AMEND SECTION 108-6.2B, MUNICIPAL PARKING AREAS pass
first reading, and that said Ordinance be further considered for final passage
and adoption at a Meeting of the Borough Council to be held on the 10th day of
April 2006, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and
that at such time and place all persons interested be given an opportunity to
be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.
On roll call, all voted yes, and the Mayor declared the motion carried.
Introduction of Ord. #8-0-06:
Re:
Bond Ordinance - $360,000 for Road Resurfacing (
Avenue,
On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved that Ordinance #8-0-06 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The
Clerk took from the table and read by title only as follows: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT
OF VARIOUS ROADS IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC,
NEW JERSEY, APPROPRIATING $360,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF
$324,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.
On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved that,
BE IT
RESOLVED that an Ordinance entitled:
BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF VARIOUS ROADS IN AND BY
THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING
$360,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $324,000 BONDS OR NOTES OF
THE BOROUGH FOR FINANCING SUCH APPROPRIATION pass first reading, and that said
Ordinance be further considered for final passage and adoption at a Meeting of
the Borough Council to be held on the 10th day of April 2006, at the Municipal
Building in the Borough of Wanaque at 8:00 P.M., and that at such time and
place all persons interested be given an opportunity to be heard concerning
said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.
On roll call, all voted yes, and the Mayor declared the motion carried.
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
Sandy Lawson,
The Borough Administrator said Jeff Kantowitz made the argument and it was sent off to focus group.
Sandy Lawson asked if there was a motion?
The Borough Attorney said there is a predicate for a motion.
Grace Maiello,
Councilman Fiorito said there are seven commissioners.
The Borough Administrator said the budget is $25,000.00.
Sandy Lawson said the implemencations for the scarce resource goes in to motion.
The Borough Administrator
Sandy Lawson asked what is the
status of
The Borough Attorney said the Borough is being deposed and explained the claims.
Discussion followed.
Sandy Lawson said Resolution #41-0-06 is the same as the original one. There were no changes. Should take a look at the Resolution. Contact list of towns that passed the Resolutions – take a look at it and rescind it.
Grace Maiello,
The Mayor closed the Public Discussion.
CONSENT
AGENDA:
Two (2) Applications for License to Operate Amusement Machines:
Re:
1) Joseph Agostino – “Flip’s”,
Resolution #53-0-06:
Re:
Redemption of Tax
$26,342.01
WHEREAS, a Tax Sale was held for 2004 delinquent Municipal charges on December 27, 2005, and
WHEREAS, Dennis Moeller was the successful bidder for Block 423 Lot 32 for which Tax Sale Certificate #050094 was assigned, and
WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $26,342.01 as per the certification of the Tax Collector.
Resolution #54-0-06:
Re: Refund of overpayment of Water charges – Account #253-0 in the amount of $60.00
WHEREAS, there
exist an overpayment of water charges on account #253-0 due to a duplicate
payment being received on a final bill
WHEREAS, the attorney has requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $60.00 from Water Operating as per the certification of the Tax Collector.
Payment
to State of
Re: Public Employees’ Retirement System in the
amount of $41,260.00
Payment
to State of
Re: Police and Firemen’s Retirement System in the
amount of $161,979.00
Budgetary Transfers:
BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2005 Local Municipal Budget be approved;
BE IT FURTHER RESOLVED that the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough;
FROM TO
5-CU-01-108-234 $ 6,820.00 5-CU-01-136-256 $ 6,820.00
Audit Fees Sanitation
5-CU-01-124-266 $ 1,400.00 5-CU-01-111-276 $ 5,000.00
Police O.E. Legal Fees
5-CU-01-132-299 $ 1,300.00
DPW O.E.
5-CU-01-142-225 $ 1,800.00
Construction Official O.E.
5-CU-01-146-202 $ 500.00
Gasoline
Resolution #58-0-06:
Re: Recycling Tonnage Grant
WHEREAS, The Mandatory Source Separation and Recycling Act, P.L.1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, It is the intent and the spirit of the Mandatory Source Separation
and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to
continue and to expand existing programs; and
WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to
Implement the Mandatory Source Separation and Recycling Act; and
WHEREAS, The recycling regulations impose on municipalities certain
requirements as a condition for applying for tonnage grants, including but not limited to, making
and keeping accurate, verifiable records of materials collected and claimed by the municipality;
and
WHEREAS, A resolution authorizing this municipality to apply for such tonnage
grants for the year 2005 will memorialize the commitment of this municipality to recycling and
to indicate the assent of the Borough Council of the Borough of Wanaque to the efforts
undertaken by the municipality and the requirements contained in the Recycling Act and
recycling regulations; and
WHEREAS, Such a resolution should designate the individual authorized to
ensure the application is properly completed and timely filed.
NOW THEREFORE BE IT RESOLVED by the Borough Council of the
Borough of Wanaque that the Borough of Wanaque hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Thomas F. Carroll to ensure that the application is properly filed; and
BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.
Resolution #59-0-06:
Re: Amend AFLAC Flexible Spending Account Plan
BE IT RESOLVED that Thomas F. Carroll, Borough Administrator be and he is authorized and directed to execute an "Addendum to the Reimbursement Services Agreement and Acknowledgement of Grace Period Services" for AFLAC plan for Borough Employees.
On entertainment of the Mayor, Councilmen Mahler and O’Connell moved a motion to approve the aforementioned Consent Agenda.
On roll call, all voted yes, and the
Mayor declared the motion carried.
REGULAR REPORTS - PROFESSIONAL REPORTS:
1. Clerk's Receipts ‑ NONE.
2. Police Department Report - NONE.
3. Tax Collector's Report for February 2006 ‑ NONE.
4. Municipal Court Report for February 2006 ‑ NONE.
5. Welfare Report for February 2006 - NONE.
On entertainment of the Mayor, Councilmen Mahler and Fiorito moved that reports be received and filed; and that all monies be turned over to the Treasurer.
On roll call, all voted yes, and the Mayor declared the motion carried.
___________________________
Thomas Balunis
Mayor
Engineer:
The Borough Engineer reported on the
approval of the
Attorney:
The Borough Attorney reported on item 15.1 on the agenda – deed restriction – Golden Age Club. There is a plan to lease to Verizon for cell phone lease. The resolution is to waive the clause in the deed not to revert back to the Borough. Need a public hearing first.
Administrator:
The Borough Administrator reported
met regarding the telephone system. The
change over will take place March 29th into the 30th. The
COMMUNICATIONS: None.
NEW
BUSINESS:
Offer to Donate Property – Block 444, Lot
On entertainment of the Mayor, Councilmen Fiorito and Mahler moved a motion to approve the donation of property.
On roll call, all voted yes, and the Mayor declared the motion carried.
The Borough Attorney spoke about the Intilli
Tract on
Closed Session:
Re:
Litigation/Negotiation/Personnel
None.
UNFINISHED
BUSINESS:
Resolution #44-0-06:
Re:
Award Bid –
On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved that,
WHEREAS, the Borough of Wanaque
advertised for and received bids for the reconstruction of
Tomaro
Contracting
Mike Fitzpatrick & Son $526,113.95
John Garcia Construction $618,514.00
Bernard Construction Company $695,035.00
Schenley Construction $709,245.05
Empco Contracting $765,748.00
and;
WHEREAS, the Borough Engineer and Borough Administrator have reviewed the bid of Tomaro Contracting Inc and find it is responsible and responsible, in conformance with N.J.S.A. 40A:11-1 et seq.
NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to Tomaro Contracting, Inc. 195 Green Pond Road, Rockaway, N.J. at a low bid price of $517,000.00 for the reconstruction of Bergen Avenue, Phase II and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget accounts X-GC-03-332-201, Y-WC-04-109-201 and Ordinance 6-0-06.
On roll call, all voted yes, and the Mayor declared the motion carried.
RESOLUTIONS:
Resolution #60-0-06:
Re: Remove restriction from Golden Age Club Deed
Held.
Resolution #61-0-06:
Re:
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
BE IT RESOLVED that a contract be awarded to G.T.B.M., Inc., 351 Paterson Avenue, East Rutherford, New Jersey 07073 in the amount of $52,173.00 for the purchase of Toughbook computers and associated hardware and software for installation into Police cars, as detailed in the quote dated February 10, 2006; and
BE IT FURTHER RESOLVED that this contract is awarded under New Jersey State Contract A81225; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account X-GC-03-334-201.
On roll call, all voted yes, and the Mayor declared the motion carried.
FINANCE REPORT:
Councilman Mahler said your Finance Committee respectfully reports that they have examined and approved the following and recommend that warrants be issued for their payment when the funds of the Borough of Wanaque are sufficient to meet them.
Vouchers:
CURRENT 2005 $ 23,564.79
CURRENT 2006 185,417.17
CURRENT PRE-PAID 66,870.69
WATER OPERATING 2005 1,289.68
WATER OPERATING 2006 11,021.81
WATER OPERATING PRE-PAID 1,346.87
GENERAL CAPITAL 42,535.10
GENERAL CAPITAL PRE-PAID 82,529.00
WATER CAPITAL 2,134.00
WATER CAPITAL PRE-PAID 4,673.00
ESCROW BOOKKEEPER 15,426.41
RECREATION TRUST FUND 104.00
OTHER TRUST 3,000.00
PUBLIC ASSISTANCE 5,791.00
DOG DEDICATED 216.60
UNEMPLOYMENT/DISABILITY __ 2,800.00 __
TOTAL VOUCHERS $ 448,720.12
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: March 13, 2006
___________________________
Thomas Balunis
Mayor
Payrolls:
Councilmen Mahler and O’Connell moved a resolution approving the following payrolls:
Payroll #4 p/e 02/25/06 $186,497.84
Payroll #5 p/e 03/11/06 _$178,507.27_
Payroll Total $365,005.11
GRAND TOTAL $813,725.23
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: March 13, 2006
_______________________________
Thomas Balunis
Mayor
ADJOURNMENT:
On entertainment of the Mayor, Councilmen O’Connell and Fiorito moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:05 P.M.
_______________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk